Terms of Service

Introduction

Welcome to Tripomizer! We are excited to have you as a user and member of the community.

This website is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of this website (the "Agreement").

Your use of this website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use this website. If you do not agree to these terms, please do not use this website.


Scope of Services

Tripomizer provides the Site to registered users for the purpose of trip planning, itinerary building, and sharing those plans and itineraries with others. By registering you acknowledge and agree that you contract directly with advertisers, partners, or other registered users of the Site to buy or sell Travel-related products and/or services, and/or to share trip plans and user information. Each registered user is solely responsible for the enforcement and performance of its rights and obligations in the purchase and sale of these products/services and the sharing of trip plans and user information.


Website Contents

Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Tripomizer.

This website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on this website for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of this website.


Electronic Communications

When you visit Tripomizer.com or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Intellectual Property

All content included on this Site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Tripomizer or its content suppliers and protected by Brazil and international copyright laws. The compilation of all content on this Site, including the "look and feel" of the website, is the exclusive property of Tripomizer and protected by Brazil and international copyright laws. All software used on this site is the property of Tripomizer or its software suppliers and protected by Brazil and international copyright laws. Tripomizer and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify Tripomizer. and the goods and/or services provided by Tripomizer. Such marks may not be used under any circumstances without the prior written authorization of Tripomizer. One or more patents owned and/or applied for by Tripomizer relate to this site and to the features and services accessible via the site.

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Tripomizer website or service any materials that violate another party's intellectual property rights. If you believe that any material on the Site infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement by e-mail to contact@tripomizer.com.

Based on your compliance with this Agreement, Tripomizer. grants you a limited license to access and, if registered, to use the Site for the purpose of receiving the services available and authorized from the Site. No person is authorized to modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site, except though facilities provided by the Site for that purpose (i.e., Print and Share). You may download material from the Site provided you keep intact all copyright and other proprietary notices. The Site or any portion of the Site may not be exploited for any commercial purpose that is not expressly permitted by Tripomizer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tripomizer. without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Tripomizer.'s name or trademarks without the express written consent of Tripomizer. Any unauthorized use terminates the permission or license granted by Tripomizer. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tripomizer. So long as the link does not portray Tripomizer. Or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tripomizer. logo or other proprietary graphic or trademark as part of the link without express written permission.


User Responsibility

If you use this Site, you agree to abide by the User Agreement and the processes and procedures described throughout the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Tripomizer reserves the right to refuse service, terminate Accounts, or remove or edit content in its sole discretion.


User Content

Registered Users may post reviews, notes, activities, appointments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. Tripomizer reserves the right (but not the obligation) to edit or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this User Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Tripomizer.

If you do post content or submit material to public areas of the site, and unless we indicate otherwise, you grant Tripomizer a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tripomizer. and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tripomizer for all claims resulting from content you supply. Tripomizer has the right but not the obligation to monitor and edit or remove any activity or content. Tripomizer takes no responsibility and assumes no liability for any content posted by you or any third party.

The Site is not intended for Users under the age of 18, and Tripomizer does not knowingly collect personally identifiable information from Users under the age of 18. Such Users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such Users will not knowingly be used, posted, or retained by us.

You agree not to disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site. Other than connecting to Tripomizer 's servers by http requests using a Web browser, you may not attempt to gain access to Tripomizer's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.


Third Party Content/Web Links

Tripomizer makes available to registered users on the Site various content and services provided by third parties. Tripomizer has no editorial control over such Third Party content and Tripomizer is not responsible for and does not monitor the Third Party content for accuracy or reliability. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers and Registered users, are those of the respective author(s) and not of Tripomizer. Tripomizer provides the Third Party content as a convenience and does not confirm or verify such Third Party content. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites. You acknowledge that your linking to any service or site is at your sole risk.


Errors and Omissions

Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice to you.

We won’t be liable for the following;

  • Any type of attraction information is not updated or correct.
  • If the user has decided to publish his itinerary, we cannot guarantee its availability in the future.
  • Private itineraries will be available on the public internet with a random key but their url won’t contain the username.

  • Disclaimer of Warranty, Limitation of Liability

    YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND TRIPOMIZER., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. TRIPOMIZER., ITS SHAREHOLDERS, AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. WITHOUT LIMITATION, TRIPOMIZER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ITINERARY CREATED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION INCLUDED IN SUCH ITINERARIES AND TRIPOMIZER SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES. TRIPOMIZER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FROM VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE TRIPOMIZER., ITS SHAREHOLDERS, AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".


    Disputes

    If a dispute arises between you and Tripomizer. You and Tripomizer agree that we will resolve any claim or controversy at law or in equity that arises out of this Agreement or our services in accordance with one of the alternatives below or as Tripomizer, and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

    This Agreement will be governed in all respects by the laws of the State of Sao Paulo as they apply to agreements entered into and to be performed entirely within Sao Paulo, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Tripomizer, must be resolved by a court located in SP, Sao Paulo, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within SP, Sao Paulo for the purpose of litigating all such claims or disputes.

    For any claim (excluding claims for injunctive or other equitable relief), Tripomizer may elect to resolve the dispute through binding arbitration. In the event Tripomizer, elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider and such arbitration shall be conducted in accordance with such provider's rules.

    If you have a dispute with another User, you release Tripomizer (and our shareholders, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

    You agree to defend, hold harmless and indemnify Tripomizer from and against any and all losses, costs, expenses, damages or other liabilities resulting from any demand or action brought by a third party against Tripomizer in connection with:


    • your use of the Site
    • your decision to supply credit information to/through the Site
    • your decision to submit postings and accept offers from other users, including the sharing of your trip plan information by travel agents with other agents and third parties
    • any breach of contract or other claims made by users with which you conducted business through the Site
    • your breach of any provision of this Agreement
    • any liability arising from the tax treatment of payments or any portion thereof
    • any negligent or intentional wrongdoing by any user
    • any act or omission of yours with respect to the payment of fees to product and service providers or other users you’ve engaged through the Site
    • Your dispute of or failure to pay any invoice or any other payment and/or your obligations to product and service providers or other users you’ve engaged through the Site.

    If any party to this Agreement institutes a suit or arbitration under this clause to enforce this Agreement, then, the prevailing party thereunder shall be entitled to its reasonable attorney's fees and costs. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.


    Account Suspension/Cancellation

    To cancel your Account, send an e-mail to contact@tripomizer.com with “Cancel My Account” as the subject of the e-mail and include the following information in the text field (Your full name, Username, Contact phone number for verifying your cancellation, reason for cancelling). Tripomizer will not process cancellation requests unless all of the foregoing information is provided. Your cancellation request will be effective within the following seven (7) business days. Tripomizer will send you an email confirmation once your Account has been cancelled. Once Tripomizer confirms your cancellation, your information will be removed from the Site, your profile will not be viewable, and you will no longer be able to complete itineraries via the Tripomizer system using your former profile.

    We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the User Agreement and Tripomizer policies, or violated our rights or those of another party. Without limiting Tripomizer's other remedies, we will suspend or terminate your Account and refuse to provide any services if:


    • You have breached any terms and conditions of the User Agreement, the Tripomizer Policies and the other written policies and procedures posted on the Site
    • We are unable to verify or authenticate any information you provide to us
    • We believe that your actions may cause legal liability for you, our Users, or for Tripomizer.

    Once suspended or terminated, you may not continue to use the Tripomizer services under a different Account or re-register under a new Account. In addition, violations of the User Agreement and the Tripomizer. Policies may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Tripomizer reserves the right to terminate any Account or Itinerary for any reason, at its sole discretion and to reinstate your Account or refuse to provide an Account in the future. We will notify you if we cancel your Account, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your Account is canceled, you may no longer have access to data, messages, files and other material which you kept on the Site.


    Personal Information

    You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before purchasing any product, entering any competition or registering for our Tripomizer e-Newsletter on this web site. All personal information collected from this web site will be maintained in accordance with the Tripomizer Privacy Statement. By using this site, you consent to Tripomizer retaining and using your personal information in accordance with the Tripomizer Privacy Policy.


    Modification and Notice

    You agree that Tripomizer may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.


    Registration Information/Privacy Policy

    Please refer to Tripomizer Privacy Policy for information about our registration process, what information we collect on this Site and how we treat your personal information.


    Advertisements and Promotions

    Tripomizer may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tripomizer, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Tripomizer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- Tripomizer advertisers on our Site.


    Severability

    If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.


    Applicable Laws

    Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Brazil without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Sao Paulo, Brazil in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.


    Comments or Questions

    If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at : contact@tripomizer.com.